Free Order - District Court of California - California

Case 3:07-cv-04936-CRB

Document 29

Filed 12/21/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12

BRIAN C. BUNGER, ESQ. (SB#142001) District Counsel ALEXANDER G. CROCKETT, ESQ. (SB#193910) Assistant Counsel BAY AREA AIR QUALITY MANAGEMENT DISTRICT 939 Ellis Street San Francisco, CA 94109 Telephone: (415) 749-4920 Facsimile: (415) 749-5103 Email: [email protected] Counsel for DEFENDANT the BAY AREA AIR QUALITY MANAGEMENT DISTRICT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SAN FRANCISCO CHAPTER OF THE A. PHILIP RANDOLPH INSTITUTE, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C-07-4936 CRB STIPULATION BY ALL PARTIES TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

13 vs. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE Pursuant to Rule 16(e) of the Local Rules of the United States District Court for the Northern District of California, Plaintiffs San Francisco Chapter of the A. Philip Randolph Institute, Californians for Renewable Energy, Lynne Brown, and Regina Hollins; and Defendants United States Environmental Protection Agency, Stephen Johnson, Bay Area Air Quality Management District, and City and County of San Francisco, by and through their undersigned counsel, hereby stipulate and agree to, and request the Court's approval of, a continuance of the Case Management Conference scheduled for January 11, 2008, until after the Court has ruled on the dispositive motions that Defendants intend to file in response to the Complaint. The reasons for the Parties' stipulation and request are as follows. On December 5, 2007, Counsel for all Parties conferred by telephone to discuss various case management issues. Counsel for all of the Defendants and the Defendant-Intervenor indicated that they -1______________________________________________________________________________________________________________________________

Case No. C-07-4936 CRB STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

Case 3:07-cv-04936-CRB

Document 29

Filed 12/21/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

intend to file dispositive motions in response to the Complaint. Subsequently, on December 14, 2007, Plaintiffs filed a First Amended Complaint. At least some and perhaps all of the Defendants intend to file dispositive motions in response to this First Amended Complaint. Until the Court rules on these motions, it will be unclear exactly which parties and causes of action will have to be litigated in this lawsuit. With the basic scope of the action uncertain, it will be difficult to make a meaningful assessment of scheduling and case management issues such as what discovery will be necessary, whether any additional parties will need to be joined, what pre-trial motion practice will be necessary, etc. In light of this situation, the Parties agree that a case management conference would be premature at this time and would not be a good use of the Court's and the Parties' resources. The parties therefore stipulate and agree among themselves, and respectfully propose to the Court, that the January 11, 2008, initial case management conference be continued until after the Court resolves the dispositive motions filed in response to the First Amended Complaint. The Parties propose that the initial case management conference be taken off-calendar at this time, and re-scheduled at the hearing on the dispositive motions, when the Court and the Parties will have a better idea of what the most appropriate date for the conference will be. The Parties recognize that pursuant to Local Rule 16-2(e), a stipulation that would vary the date of a Case Management Conference must be approved by the assigned Judge. The Parties hereby respectfully request approval of this Stipulation. Alexander G. Crockett, Esq., the filer of this document and Signatory for purposes of Section X of this Court's General Order No. 45, hereby attests that he has on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document. /// /// /// /// /// -2______________________________________________________________________________________________________________________________

Case No. C-07-4936 CRB STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

Case 3:07-cv-04936-CRB

Document 29

Filed 12/21/2007

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

SO STIPULATED AND AGREED: FOR PLAINTIFFS: /s/ Joshua Arce JOSHUA ARCE Brightline Defense Project 240 Golden Gate Avenue, Ste. 102 San Francisco, CA 94102 (415) 837-0600 [email protected] Dated: December 19, 2007

FOR DEFENDANTS UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND STEPPHEN JOHNSON: /s/ Pamela S. Tonglao Pamela S. Tonglao United States Department of Justice Environment & Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 (202) 305-0897 [email protected] Dated: December 19, 2007

FOR DEFENDANTS BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND MARK ROSS: /s/ Alexander G. Crockett ALEXANDER G. CROCKETT Bay Area Air Quality Management District 939 Ellis Street San Francisco, CA 94109 (415) 749-4732 [email protected] Dated: December 19, 2007

FOR DEFENDANT/INTERVENOR CITY AND COUNTY OF SAN FRANCISCO: /s/ William K. Sanders WILLIAM K. SANDERS, State Bar #154156 Deputy City Attorney City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4682 (415) 554-6771 [email protected] Dated: December 19, 2007

UNIT ED

S

S DISTRICT TE C TA

PURSUANT TO STIPULATION, IT IS SO ORDERED DATED: December 21, 2007

-3-

ER

______________________________________________________________________________________________________________________________

N

Case No. C-07-4936 CRB STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

F D IS T IC T O R

A

C

LI

28

. Breyer harles R Judge C ______________________________________ UNITED STATES DISTRICT JUDGE

FO

R NIA

O OR IT IS S

DERED

RT U O

NO

RT

H